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Maverick, Attorney
Category: Business Law
Satisfied Customers: 6390
Experience:  20 years of professional experience
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I have a repair shop in texas and have a signed

Customer Question

i have a repair shop in texas and have a signed authorization for repairs don to a truck, last night the lein holder reposessed the truck from my lot, how do i recover my repair costs
JA: What state is this in? And how old is the truck?
Customer: texas 10 years old
JA: Has anything been officially filed? If so, what?
Customer: nothing that i know of
JA: Anything else you want the lawyer to know before I connect you?
Customer: thats all
Submitted: 8 months ago.
Category: Business Law
Expert:  Maverick replied 8 months ago.

Welcome to Just Answer! My name is***** give me a few minutes to review your inquiry. Thank you for your patience.

Expert:  Maverick replied 8 months ago.

Texas law grants to a mechanic a possessory lien to a vehicle if (1) the work is authorized by the owner or the owner’s agent; (2) the work is actually performed; and (3) the charge is reasonable. Since the lien is a possessory lien, the return of the vehicle to the owner or the lienholder/bank cuts off the lien. A mechanic’s personal use of a vehicle also cuts of the mechanic's lien. In you case, I would argue that the bank has illegally converted you possessory lien by repossessing the truck.

Here is the law that applies:

The elements of a claim for conversion of personal property are

(1) The plaintiff owned, possessed, or had the right of immediate possession of the property,
(2) The defendant wrongfully exercised dominion or control over the property to the exclusion of and inconsistent with the plaintiff's rights,
(3) The plaintiff demanded return of the property, and
(4) The defendant failed to return it.

Ojeda v. Wal-Mart Stores, Inc., 956 S.W.2d 704, 707 (Tex.App.-San Antonio 1997, pet. denied).

A plaintiff must prove damages before recovery is allowed for conversion. Generally, the measure of damages for conversion is the fair market value of the property at the time and place of the conversion. Prewitt v. Branham, 643 S.W.2d 122, 123 (Tex.1982).

Damages for conversion are limited to the amount necessary to compensate the plaintiff for the actual losses proximately caused by the defendant's conversion. Multi-Moto Corp. v. ITT Commercial Fin. Corp., 806 S.W.2d 560, 566 (Tex.App.-Dallas 1990, writ denied).

You may have to sue the bank for the value of the repair costs limited by the fair market value of the truck at the time of it being repossessed from your lot.

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